Saltmarsh v. Plant. & Mer. Bank
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was a proceeding by notice to recover of the plaintiffs in error the amount due on a bill of exchange for $6,000, drawn by Samuel M. Hill on William Bower & Co., and by them accepted, in favor of Allen W. Coleman, by whom, with the plaintiff in error and L. M. Wilson, it was successively endorsed.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was a proceeding by notice to recover of the plaintiffs in error the amount due on a bill of exchange for $6,000, drawn by Samuel M. Hill on William Bower & Co., and by them accepted, in favor of Allen W. Coleman, by whom, with the plaintiff in error and L. M. Wilson, it was successively endorsed. The bill was drawn, and endorsed by Coleman & Salt-marsh for the accommodation of Bower & Co., to whom it was delivered and from whom Wilson purchased it for $5,000, it then having about twelve months to run. Soon after its…
1Opinion of the CourtDargan, C. J.
The evidence introduced on the trial and the instructions of the court to the jury present two questions for consideration. First, can the suit be maintained under the evidence ? 2d. If so, what amount is the Bank entitled to recover? The evidence shows that a judgment had been rendered in the Circuit Court of Mobile on the 27th February 1843, by which the charter of the Bank was declared forfeited, and that the bill of exchange sued on was acquired from Wilson, the endorsee *766of the plaintiff in error, about the 20th June 1845, under the following circumstances: The Bank held two judgments…
2Cases cited3 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
3Cited by13 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1891
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Wildsmith v. TracySupreme Court of Alabama · 1885
- Fitts v. National Life Ass'nSupreme Court of Alabama · 1900
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